| slovo | definícia |
Capias
(gcide) | Capias \Ca"pi*as\, n. [L. thou mayst take.] (Low)
A writ or process commanding the officer to take the body of
the person named in it, that is, to arrest him; -- also
called writ of capias.
[1913 Webster]
Note: One principal kind of capias is a writ by which actions
at law are frequently commenced; another is a writ of
execution issued after judgment to satisfy damages
recovered; a capias in criminal law is the process to
take a person charged on an indictment, when he is not
in custody. --Burrill. Wharton.
[1913 Webster] |
CAPIAS
(bouvier) | CAPIAS, practice. This word, the signification of which is "that you take,"
is applicable to many heads of practice. Several writs and processes,
commanding the sheriff to take the person of the defendant, are known by the
name of capias. For example: there are writs of capias ad respondendum,
writs of capias ad computandum, writs of capias ad satisfaciendum, &c., each
especially adapted to the purposes indicated by the words used for its
designation. See 3 Bl. Com. 281; 3 Bouv. Inst. n. 2794.
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| | podobné slovo | definícia |
Capias
(gcide) | Capias \Ca"pi*as\, n. [L. thou mayst take.] (Low)
A writ or process commanding the officer to take the body of
the person named in it, that is, to arrest him; -- also
called writ of capias.
[1913 Webster]
Note: One principal kind of capias is a writ by which actions
at law are frequently commenced; another is a writ of
execution issued after judgment to satisfy damages
recovered; a capias in criminal law is the process to
take a person charged on an indictment, when he is not
in custody. --Burrill. Wharton.
[1913 Webster] |
Writ of capias
(gcide) | Writ \Writ\, n. [AS. writ, gewrit. See Write.]
[1913 Webster]
1. That which is written; writing; scripture; -- applied
especially to the Scriptures, or the books of the Old and
New testaments; as, sacred writ. "Though in Holy Writ not
named." --Milton.
[1913 Webster]
Then to his hands that writ he did betake,
Which he disclosing read, thus as the paper spake.
--Spenser.
[1913 Webster]
Babylon, so much spoken of in Holy Writ. --Knolles.
[1913 Webster]
2. (Law) An instrument in writing, under seal, in an
epistolary form, issued from the proper authority,
commanding the performance or nonperformance of some act
by the person to whom it is directed; as, a writ of entry,
of error, of execution, of injunction, of mandamus, of
return, of summons, and the like.
[1913 Webster]
Note: Writs are usually witnessed, or tested, in the name of
the chief justice or principal judge of the court out
of which they are issued; and those directed to a
sheriff, or other ministerial officer, require him to
return them on a day specified. In former English law
and practice, writs in civil cases were either original
or judicial; the former were issued out of the Court of
Chancery, under the great seal, for the summoning of a
defendant to appear, and were granted before the suit
began and in order to begin the same; the latter were
issued out of the court where the original was
returned, after the suit was begun and during the
pendency of it. Tomlins. Brande. Encyc. Brit. The term
writ is supposed by Mr. Reeves to have been derived
from the fact of these formulae having always been
expressed in writing, being, in this respect,
distinguished from the other proceedings in the ancient
action, which were conducted orally.
[1913 Webster]
Writ of account, Writ of capias, etc. See under
Account, Capias, etc.
Service of a writ. See under Service.
[1913 Webster]Capias \Ca"pi*as\, n. [L. thou mayst take.] (Low)
A writ or process commanding the officer to take the body of
the person named in it, that is, to arrest him; -- also
called writ of capias.
[1913 Webster]
Note: One principal kind of capias is a writ by which actions
at law are frequently commenced; another is a writ of
execution issued after judgment to satisfy damages
recovered; a capias in criminal law is the process to
take a person charged on an indictment, when he is not
in custody. --Burrill. Wharton.
[1913 Webster] |
writ of capias
(gcide) | Writ \Writ\, n. [AS. writ, gewrit. See Write.]
[1913 Webster]
1. That which is written; writing; scripture; -- applied
especially to the Scriptures, or the books of the Old and
New testaments; as, sacred writ. "Though in Holy Writ not
named." --Milton.
[1913 Webster]
Then to his hands that writ he did betake,
Which he disclosing read, thus as the paper spake.
--Spenser.
[1913 Webster]
Babylon, so much spoken of in Holy Writ. --Knolles.
[1913 Webster]
2. (Law) An instrument in writing, under seal, in an
epistolary form, issued from the proper authority,
commanding the performance or nonperformance of some act
by the person to whom it is directed; as, a writ of entry,
of error, of execution, of injunction, of mandamus, of
return, of summons, and the like.
[1913 Webster]
Note: Writs are usually witnessed, or tested, in the name of
the chief justice or principal judge of the court out
of which they are issued; and those directed to a
sheriff, or other ministerial officer, require him to
return them on a day specified. In former English law
and practice, writs in civil cases were either original
or judicial; the former were issued out of the Court of
Chancery, under the great seal, for the summoning of a
defendant to appear, and were granted before the suit
began and in order to begin the same; the latter were
issued out of the court where the original was
returned, after the suit was begun and during the
pendency of it. Tomlins. Brande. Encyc. Brit. The term
writ is supposed by Mr. Reeves to have been derived
from the fact of these formulae having always been
expressed in writing, being, in this respect,
distinguished from the other proceedings in the ancient
action, which were conducted orally.
[1913 Webster]
Writ of account, Writ of capias, etc. See under
Account, Capias, etc.
Service of a writ. See under Service.
[1913 Webster]Capias \Ca"pi*as\, n. [L. thou mayst take.] (Low)
A writ or process commanding the officer to take the body of
the person named in it, that is, to arrest him; -- also
called writ of capias.
[1913 Webster]
Note: One principal kind of capias is a writ by which actions
at law are frequently commenced; another is a writ of
execution issued after judgment to satisfy damages
recovered; a capias in criminal law is the process to
take a person charged on an indictment, when he is not
in custody. --Burrill. Wharton.
[1913 Webster] |
CAPIAS AD AUDIENDUM JUDICIUM
(bouvier) | CAPIAS AD AUDIENDUM JUDICIUM, practice. A writ issued in a case of
misdemeanor, after the defendant has appeared and found guilty, and is not
present when called. This writ is to bring him to judgment. 4 BI. Com. 368.
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CAPIAS AD COMPUTANDUM
(bouvier) | CAPIAS AD COMPUTANDUM, practice. A writ issued in the action of account
render, upon the judgment quod computet, when the defendant refuses to
appear, in his proper person, before the auditors, and enter into his
account. According to the ancient practice, the defendant, after arrest upon
this process, might be delivered on main-prize, or in default of finding
mainpernors, he was committed to the Fleet prison, where the auditors
attended upon him to hear and receive his account. As the object of this
process is to compel the defendant to render an account, it does not appear
to be within the scope of acts abolishing imprisonment for debt. For
precedents, see Thesaurus Brevium, 38, 39, 40; 3 Leon. 149; 1 Lutw. 47, 51
Co. Ent. 46, 47; Rast. Ent. 14, b, 15.
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CAPIAS AD RESPONDENDUM
(bouvier) | CAPIAS AD RESPONDENDUM, practice. A writ commanding the sheriff, or other
proper officer, to "take the body of the defendant and to keep the same to
answer, ad respondendum, the plaintiff in a plea," &c. The amount of bail
demanded ought to, be indorsed on the writ.
2. A defendant arrested upon this writ must be committed to prison,
unless he give a bail bond (q.v.) to the sheriff. In some states, (as,
until lately, in Pennsylvania,) it is the practice, when the defendant is
liable to this process, to indorse on the writ, No bail required in which
case he need only give the sheriff, in writing, an authority to the
prothonotary to enter his appearance to the action, to be discharged from
the arrest. If the writ has been served, and the defendant have not given
bail, but remains in custody, it is returned C. C., cepi corpus; if he have
given bail, it is returned C. C. B. B., cepi corpus, bail bond; if the
defendant's appearance have been accepted, the return is, "C. C. and
defendant's appearance accepted." According to the course of the practice at
common law, the writ bears teste, in the name of the chief justice, or
presiding judge of the court, on some day in term time, when the judge is
supposed to be present, not being Sunday, and is made returnable on a
regular return day. 1 Penna. Pr. 36; 1 Arch. Pr. 67.
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CAPIAS AD SATISFACIENDUM
(bouvier) | CAPIAS AD SATISFACIENDUM, practice. A writ of execution issued upon a
judgment in a personal action, for the recovery of money, directed to the
sheriff or coroner, commanding him to take the defendant, and him safely
keep, so that he may have his body in court on the return day, to satisfy,
ad satisfaciendum, the plaintiff. This writ is tested on a general teste
day, and returnable on a regular return day.
2. It lies after judgment in most instances in which the defendant was
subject to a capias ad respondendum before, and plaintiffs are subject to
it, when judgment has been given against them for costs. Members of congress
and of the legislature, (eundo, morando, et redezzndo,) going to, remaining
at, and returning from the places of sitting of congress, or of the
legislature, are not liable to this process, on account of their public
capacity; nor are ambassadors, (q.v.) and other public ministers, and
their, servants. Act of Congress of April 30, 1790, s. 25 and 26, Story's
Laws United States, 88; 1 Dunl. Pr. 95, 96; Com. Dig. Ambassador, B; 4 Dall.
321. In Pennsylvania, women are not subject to this writ except in actions
founded upon tort, or claims arising otherwise than ex contractu. 7 Reed's
Laws of Pa. 150. In several of the United States, the use of this writ, as
well as of the capias ad respondendum, has been prohibited in all actions
instituted for the recovery of money due upon any contract, express or
implied, or upon any judgment or decree, founded on any contract, or for the
recovery of damages for the breach of any contract, with a few exceptions.
See Arrest.
3. It is executed by arresting the body of the defendant, and keeping
him in custody. Discharging him upon his giving security for the payment of
the debt, or upon his promise to return into custody again before the return
day, is an escape, although he do return; 13 Johns. R. 366 8 Johns. R. 98;
and the sheriff is liable for the debt. In England, a payment to the sheriff
or other officer having the ca. sa., is no payment to the plaintiff. Freem.
842 Lutw. 587; 2 Lev. 203; 1 Arch. Pr. 278. The law is different in
Pennsylvania. 3 Serg. & Rawle, 467. The return made by the officer is either
C. C. & C., cepi corpus et comittitur, if the defendant have been arrested
and held in custody; or N. E. I., non est inventus, if the officer has not
been able to find him. This writ is, in common language, called a ca. sa.
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CAPIAS IN WITHERNAM
(bouvier) | CAPIAS IN WITHERNAM, practice. A writ issued after a return of elongata or
eloigned has been made to a writ of retorno habendo, commanding the sheriff
to take so many of the distrainer's goods by way of reprisal, as will equal
the goods mentioned in the retorno habendo. 2 Inst. 140; F. N. B. 68; and
see form in 2 Sell. Pr. 169.
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CAPIAS PRO FINE
(bouvier) | CAPIAS PRO FINE, practice, crim. law. The name of a writ which issues
against a defendant who has been fined, and who does not discharge it
according to the judgment. This writ commands the sheriff to arrest the
defendant and commit him to prison, there to remain till he pay the fine, or
be otherwise discharged according to law.
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CAPIAS UTLAGATUM E
(bouvier) | CAPIAS UTLAGATUM English practice. A capias utlagatum is general or special;
the former against the person only, the latter against the person, lands and
goods.
2. This writ issues upon the judgment of outlawry being returned by the
sheriff upon the exigent, and it takes its name from the words of the
mandatory part of the writ, which states the defendant being outlawed
utlagatum, which word comes from the Saxon utlagh, Latinized utlagatus, and
signifies bannitus, extra legem. Cowel.
3. The general writ of capias utlagatum commands the sheriff to take
the defendant, so that he have him before the king on a general return day,
wheresoever, &c., to do and receive what the court shall consider of him.
4. The special capias utlagatum, like the general writ, commands the
sheriff to take the defendant. The defendant is discharged upon an
attorney's undertaking, or upon giving bond to the sheriff, in the same
manner as when the writ is general. But the special writ also commands the
sheriff to inquire by a jury, of the defendant's goods and lands, to extend
and appraise the same, and to take them in the king's hands and safely keep
them, so that he may answer to the king for the value and issue's of the
same. 2 Arch. Pr. 161. See Outlawry.
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